Damp/condensation problems

David_Aldred

Hi tbs,
I quite take your point and was just attempting to illustrate that if the tenant crams the property so full of items it causes degradation through lack of airflow then this can be a real problem for the owner of the property who may suffer as a consequence of the tenants action and no fault of their own and hence if at all possible to put measures in place legally to prevent such an occurence.

I have seen tenants literally cram bedsits floor to ceiling in every area of the flat such that it causes not only problems of dampness / degradation / rot through inhibited airflow but becomes a fire and health / safety issue. Perhaps you remember that unfortunate lady who died under the belongings she had accumulated within the dwelling when it collapsed upon her - well I have seen this type of thing before and hence the comment but I fully take on board about what you can and cannot insist upon within that tenancy agreement. Kindest regards, David Aldred Independent damp and timber surveyor

Fire_Fox

If the property is so crammed with belongings that it is a fire/ heath/ safety issue then Environmental Health may be willing to get involved.

woodmill

tbs624 wrote: »

Woodmill - are both you and your property registered with the local Council as required by law in Scotland? ( Crim offence if not)

Your property has to meet the Repairing Standard at the start of a Tenancy and it is your responsibility as a LL to ensure that it continues to meet it throughout the Tenancy, under the Housing (Scotland) Act 2006.

If a T has notified you of an issue you have to get it sorted within a "reasonable time" - if you don't a T can take them matter up with the PRHP (Private Rented Housing Panel). The Act gives the LL, or someone authorised by the LL, a right of entry to make sure that work gets done to ensure that the property does continue to meet the RS.

The T steaming of wet washing certainly will have exacerbated any problems with condensation /mould etc but its a case of whether you could (a) prove that the T was entirely at fault and (b) prove that you did all you could do address the issue.

Your T clearly should not have left without giving appropriate notice and is obliged to pay rent for the full Fixed Term, unless you could get someone in to cover the unexpired part of the term. Obviously the state of the property as you describe it would preclude that. As David says, you may well have to write your losses off, unless you are prepared for a battle. That's especially the case if you have failed to meet any of your LL obligations.

I hope you have a trustworthy and reliable LA in place for any future tenancies whilst you are in Australia

Yes, all fully registered so I am not worried about that. I am pretty happy with my letting agent and they are fully aware of what's going on but they just don't want to get involved.

woodmill

Fire_Fox wrote: »

Why are you dealing with the tenant's father, is he named on the tenancy agreement? You say the tenant notified you of the damp, and admitted drying laundry inappropriately but did you call a professional in to ensure there wasn't an underlying issue or did you assume condensation? Do you have a paper trial of all communication, or was some verbal and so can be disputed in court?

Everything is on e-mail so I have a papertrail with ther exception of her first telephone call advising of a problem.

No, father is not on lease so I have specifically written all correspondence direct to her only.